Loading...
HomeMy WebLinkAboutPC Res 21-13- 2021-10-04RESOLUTION NO. 21-13 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 21-3 TO ALLOW AN EXISTING RESTAURANT WITH AN OUTDOOR EATING AREA AND AN EXISTING TYPE 41 (BEER AND WINE) LICENSE TO UPGRADE TO A TYPE 47 (ON -SALE GENERAL) LICENSE AT 1025 PACIFIC COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Ribeye Restaurant Group, LLC submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 21-3 for the upgrade of an existing Type 41 (beer and wine) alcohol license to a Type 47 (On -Sale General) alcohol license at an existing restaurant at 1025 Pacific Coast Highway (the "subject property"), which is located in the Service Commercial (SC) zoning area. Section 2. This project is determined to be a Class 3 (Conversion of small structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of service of general alcohol at an existing restaurant, involving negligible or no expansion beyond the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on October 4, 2021 to consider the application for CUP 21-3. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject location operates as an existing restaurant space, located within the Regency Center/Seal Beach Shopping Center, consisting of 2,308 square feet. The property is developed with a multi -tenant shopping center approximately 306,627 square feet in size. There are single-family residences located to the north and east of the commercial center with commercial and residential uses to the south and west across Pacific Coast Highway. The subject property is located in the Service Commercial (SC) zone. B. The proposed upgrade of the alcohol license from a Type 41 (beer and wine) alcohol license to a Type 47 (On -Sale General) alcohol license for beer, wine and distilled spirits does not require any modifications to the existing building. The applicant is maintaining the footprint of the existing restaurant with the exception of tenant improvements to establish the branding decor of the restaurant. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: Page 1 of 6 Resolution No. 21-13 1025 Pacific Coast Highway A. The proposed upgrade of the alcohol license in conjunction with a bona fide eating establishment is consistent with the General Plan. The General Plan specifies that Service Commercial Land Uses should provide a broad range of retail and service needs for the community. With the continued use of the subject site as a restaurant along with the upgraded service of beer, wine and distilled spirits, the restaurant can offer its customers a wider range of beverages to compliment the food items on the menu. B. The proposed use complies with applicable provisions of the Municipal Code. The Municipal Code allows for the upgrade of the Type 41 (beer and wine) alcoholic license to a Type 47 (On -Sale General) alcohol license at a bona fide eating establishment with approval of a Conditional Use Permit. The proposed restaurant is in compliance with all other applicable provisions of the Municipal Code. C. The subject site is physically adequate for the proposed use. The restaurant with the upgrade of the alcohol license does not require alterations to the exterior of the building and no additional parking is required. The subject site is considered in compliance with all parking requirements because the site is not expanding and the current footprint will not expand. D. The location, size, design, and operating characteristics of the proposed restaurant with the alcohol license upgrade would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The existing building complies with the height, setback and parking requirements of the Seal Beach Municipal Code and Public Uses land Use designation. Conditions have been imposed to ensure the proper service of alcohol to patrons in compliance with City Council Policy 600-1 (Standard Conditions for Alcohol Related Land Uses). The proposed hours of operation for the restaurant will be 11:00 AM to 11:00 PM Monday through Friday, and 10:00 AM to 11:00 PM on Saturday and Sunday. E. The establishment, maintenance, and operation of the proposed upgrade of the alcohol license from a Type 41 (beer and wine) alcohol license to a Type 47 (on -sale general) alcohol license would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed upgrade of the license will not require modifications to the site and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. F. The subject site is located within the Regency Center/Seal Beach Shopping Center. The subject site is approximately 62 feet from the nearest residential property as measured from the rear access that is limited to employee and emergency use only located at the back of the restaurant. Alternatively, the subject site is approximately 230 feet from the nearest residential property as measured from the restaurant's primary front entrance. The subject site has operated a restaurant with an alcohol license since 1984. The applicant will be required to comply with all conditions placed on the prior business. G. The noise levels generated by the operation of the site would not exceed the level of background noise normally found in the area as there will be normal conversations while dining. In the event that complaints are received in the future, the Page 2 of 6 Resolution No. 21-13 1025 Pacific Coast Highway Planning Commission reserves the right to reconsider the operation of the business and the conditions of approval. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 21-3 to permit the upgrade of the Type 41 (beer and wine) alcohol license to a Type 47 (On -Sale General) Alcohol License to allow beer, wine and distilled spirits in conjunction with a restaurant within an existing commercial restaurant building, at 1025 Pacific Coast Highway, subject to the following conditions. 1. Conditional Use Permit 21-3 is approved to permit the upgrade of the Type 41 (beer and wine) alcohol license to a Type 47 (On -Sale General) Alcohol License to allow beer, wine and distilled spirits in conjunction with a restaurant at an existing restaurant at 1025 Pacific Coast Highway. 2. The applicant shall comply with all restrictions placed upon the license by the State of California Department of Alcoholic Beverage Control. In connection with the City consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the Alcoholic Beverage Control Act, Business and Professions Code §2300 to §2600, including but not limited to Rule 61.3(a) and 61.4. 3. The applicant shall furnish the City a copy of his ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 4. The premises of the restaurant must be in substantial compliance with the plan submitted with the application and maintained on file with the Community Development Department date stamped July 2021. 5. The hours of operation shall be 11:00 AM to 11:00 PM Monday through Friday, and 10:00 AM to 11:00 PM Saturday and Sunday. 6. The back door shall be closed at all times and not be used as a customer entrance/exit, and shall only be used for employee access and emergencies. 7. No video games or similar amusements shall be permitted on the premises. 8. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 9. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. 10. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not limited to the following topics and skills development: o State Law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation and penalties for violation of these laws. Page 3 of 6 Resolution No. 21-13 1025 Pacific Coast Highway o The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. o Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. o Methods of dealing with intoxicated customers and recognizing underage customers. 11. The following organizations provide training programs, which comply with the above criteria: o Department of Alcoholic Beverage Control License Education on Alcohol & Drugs (LEAD) Training (657) 205-3533 or Leadinfo@abc.ca.gav o Orange County Health Care Agency Alcohol & drug Education Prevention Team (ADEPT) Serving Alcohol Responsibly (BARCODE) (714) 834-2178 12. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 13. There shall be no dumping of trash outside and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 14. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 15. Any proposed alterations or upgrades to the restaurant will require review and approval from the City of Seal Beach Planning Division. 16. A modification of this CUP must be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to modify any of its current Conditions of Approval. C. There is a substantial change in the mode or character of operations of the establishment. 17. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code to require the provision of additional security measures. 18. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, harm or operational problems such as criminal or anti -social behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, public drunkenness, vandalism, solicitation and/or litter. Page 4 of 6 Resolution No 21-13 1025 Pacific Coast Highway 19. The establishment shall have a public telephone listing. 20. Litter and trash receptacles shall be located at convenient locations inside the establishment and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. 21. All alcoholic beverages sold in conjunction with the on -premises licensed establishment must be consumed entirely on the premises prior to closing time. No alcoholic beverage shall be consumed in the parking lot. In no circumstance shall any alcohol be passed from patrons inside the restaurant to outside. There shall be appropriate posting of signs both inside and outside the licensed premises indicating that drinking outside the licensed premises is prohibited by law. 22. The restaurant must be maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 23. The establishment must serve a complete menu of food until thirty minutes prior to closing time. 24. The applicant will prominently display these Conditions of Approval in a location within- the businesses' customer area that is acceptable to the Community Development Director. 25. Failure to' comply -with any of these conditions or a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this CUP approval. 26. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 27. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 28. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 29. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 30. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, Page 5 of 6 Resolution No. 21-13 1025 Pacific Coast Highway firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on October 4, 2021, by the following vote: AYES; Commissioners Miller. Winkler. Thomas. Campbell, Klinger NOES: Commissioners ABSENT: Commissioners ABSTAIN- Commissioners Barry Planning Comrr Page 6 of 6 MRMRail- Chairperson